What Happens If Someone Avoids or Evades Service in Texas? (TRCP Rule 106(b) Substituted & Social Media Service)

Why Texas Requires a Rule 106(b) Court Order Before Abode or Door-Posting Service

Texas civil procedure differs sharply from federal practice (FRCP Rule 4(e)(2)(B)) and most other states when a defendant refuses to open the door. Under Texas Rule of Civil Procedure (TRCP) 106(a), unless the citation or a court order otherwise directs, a citation and petition must be served ONLY by (1) delivering a copy to the defendant in person, or (2) mailing a copy to the defendant by registered or certified mail, return receipt requested, with delivery restricted to the addressee only.

That means on an initial citation without a court order, a Texas process server CANNOT simply hand the lawsuit to the defendant's spouse or adult roommate and walk away! Instead, when a defendant avoids in-hand delivery, TRCP Rule 106(b) provides a powerful, court-supervised remedy: upon motion supported by a Sworn Statement listing any location where the defendant can probably be found and stating specific facts showing that traditional personal or mail service has been attempted and was unsuccessful, the court may authorize substituted service.

Two Forms of Substituted Service Under Amended TRCP Rule 106(b)(1) and 106(b)(2)

Following the landmark 2020 Texas Supreme Court amendments to TRCP Rule 106(b) (implementing Tex. Civ. Prac. & Rem. Code § 17.033), a Texas judge granting a Rule 106(b) motion can authorize two broad categories of substituted service:

1. Leaving with Anyone Over 16 OR Affixing to the Front Entry Door (TRCP Rule 106(b)(1)): The court may authorize service by leaving a copy of the citation and of the petition with anyone older than sixteen (16) at the location specified in the sworn statement—and while Rule 106(b)(1) expressly mentions over-16 delivery, virtually every Texas district and county court Rule 106(b) order also authorizes securely affixing/taping the citation, petition, and signed Rule 106(b) Order to the front entrance door (or front gate if locked) under Rule 106(b)(2).

2. Electronic, Email, Text Message, or Social Media Service (TRCP Rule 106(b)(2)): Modern Rule 106(b)(2) explicitly empowers a Texas judge to authorize service 'in any other manner, including electronically by social media, email, or other technology, that the statement or other evidence shows will be reasonably effective to give the defendant notice of the suit.'

What Must Be in the Process Server's Rule 106(b) Sworn Statement?

Texas appellate courts overturn Rule 106(b) default judgments if the process server's supporting affidavit or declaration is conclusory. To satisfy TRCP Rule 106(b) and local district court requirements in Harris, Dallas, Tarrant, Bexar, Travis, and Collin counties, our JBCC-certified process servers include five concrete evidentiary elements in every Rule 106(b) Sworn Statement:

• Exact Address Verification: Specific facts proving why the defendant can probably be found at the specified location (e.g., confirmation by a neighbor, leasing office, spouse, or package delivery label; Texas DMV vehicle registration matching a car parked in the driveway; or county appraisal district homestead records).

• Chronological Log of Dates & Varied Times: Listing at least 3 to 4 separate attempts across different days of the week and different times of day (morning, afternoon, evening, Saturday) with exact dates, times, and GPS coordinates.

• Detailed Field Observations of Evasion: Documenting lights turning off inside, blinds moving, voices or television sounds inside, ring-camera conversations, or family members claiming the defendant 'just stepped out.'

• JBCC PSC Number & Expiration Date: Including the server's Texas Supreme Court certification credentials and executing the statement either before a Texas notary or under penalty of perjury pursuant to CPRC § 132.001.

Strict Compliance When Executing the Signed Rule 106(b) Order

Once the judge signs the Rule 106(b) Order for Substituted Service, Texas law demands 100% literal compliance with every instruction inside that order (see Becker v. Russell). First, a copy of the signed Rule 106(b) Order itself must be served/attached alongside the Citation and Petition—and the Return of Service must explicitly list the 'Order for Substituted Service' among the documents delivered! Second, if the judge's order requires both taping the papers to the front door AND mailing a copy by first-class mail, both steps must be completed and explicitly recited on the TRCP Rule 107 Return of Service.

Social Media, Email & Text Message Service Under TRCP Rule 106(b)(2) in Practice

When requesting electronic substituted service under TRCP Rule 106(b)(2)—such as serving a defendant via an active Facebook, Instagram, or LinkedIn profile, or via a verified corporate/personal email address or SMS text number—Texas trial judges require concrete authentication in the supporting motion and affidavit showing that the electronic account belongs to and is recently used by the defendant (for example, recent public posts, read-receipts, prior email correspondence with the plaintiff, or utility/bank account records linking the email address).

In practice, most Texas judges grant a combined Rule 106(b)(1) and 106(b)(2) Order authorizing the process server to affix the citation, petition, and order to the front entrance door of the defendant's residence AND simultaneously transmit a PDF copy via email or first-class mail, ensuring rock-solid due process under both Texas and U.S. Supreme Court standards.